Patna High CourtCWJC/8071/2007disposed

Smt.Manju Jalan v. The Vice Chairman,P.R.D.A.

2018-11-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8071 of 2007 ====================================================== SMT.MANJU JALAN ... ... Petitioner/s

Versus

1. THE VICE CHAIRMAN,P.R.D.A., Patna

2. Patna Municipal Corporation through Municipal Commissioner, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrigank Mauli For the Respondent/s :

Mr. Pawan Kumar Mishra For the PMC : Mr. Prasoon Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2018 Heard Mr. Mrigank Mauli, learned counsel for the petitioner, Mr. Prasoon Sinha, learned counsel for the Patna Municipal Corporation and Mr. S. D. Sanjay, learned senior counsel for the intervener/ respondents, who have filed I. A. No. 6443 of 2007.

The interveners are the persons at whose instance the present proceeding was initiated. It is submitted that the interveners are necessary party in this writ petition. In this view of the fact let the interveners be impleaded as respondents in this writ petition. I. A. No. 6443 of 2007 is allowed.

The petitioner has filed this writ petition to quash the order dated 29.01.2007 (Annexure-8) passed by Vice Chairman, Patna Regional Development Authority (now dissolved) and

Patna High Court CWJC No.8071 of 2007(16) dt.28-11-2018 2/2 substituted by Patna Municipal Corporation.

It is submitted that any order passed by the then Vice Chairman, P.R.D.A (now dissolved) or the Commissioner, Patna Municipal Corporation is appealable before the Tribunal constituted under the Patna Municipal Act and the Tribunal is functioning for last five years.

In this view of the fact, this writ petition is disposed of with a direction to the petitioner to present his case before the Tribunal within one month from today and the Tribunal shall dispose of the case of the petitioner within six months thereafter after hearing all the parties in accordance with law. The Tribunal shall, after filing of the petition, hear on the stay matter also. With the aforesaid direction, this writ petition is disposed of.

(Prabhat Kumar Jha, J) BKS/- U